by William J. Haynes, II, General Counsel
November 27, 2002
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GENERAL COUNSEL OF THE
DEPARTMENT OF DEFENSE
1000 DEFENSE PENTAGON
WASHINGTON, D.C. 20301-1000
OFFICE OF THE SECRETARY OF DEFENSE
November 27, 2002 (1:00 PM)
FOR: SECRETARY OF DEFENSE
FROM: William J. Haynes II, General Counsel
SUBJECT: Counter-Resistance Techniques
• The Commander of USSOUTHCOM has forwarded a request by the Commander of Joint Task Force 170 (now JTF GTMO) for approval of counter-resistance techniques to aid in the interrogation of detainees at Guantanamo Bay (Tab A).
• The request contains three categories of counter-resistance techniques, with the first category the least aggressive and the third category the most aggressive (Tab B).
• I have discussed this with the deputy, Doug Feith and General Myers. I believe that all join in my recommendation that, as a matter of policy, you authorize the Commander of USSOUTHCOM to employ, in his discretion, only Categories I and II and the fourth technique listed in Category III ("Use of mild, non-injurious physical contact such as grabbing, poking in the chest with the finger, and light pushing").
• While all Category III techniques may be legally available, we believe that, as a matter of policy, a blanket approval of Category III techniques is not warranted at this time. Our Armed Forces are trained to a standard of interrogation that reflects a tradition of restraint.
RECOMMENDATION: That SECDEF approve the USSOUTHCOM Commander's use of those counter-resistance techniques listed in Categories I and II and the fourth technique listed in Category III during the interrogation of detainees at Guantanamo Bay.
Approved signed by Donald Rumsfield Disapproved _____ Other _____ handwritten note: However, I stand for 8-10 hours a day. Why is standing limited to 4 hours? D.R.
cc: CJCS, USD(P)
Declassified Under Authority of Executive Order 12958 By Executive Secretary, Office of the Secretary of Defense William P. Marriott, CAPT. USN
June 18, 2004